Free Speech

Wednesday, March 5, 2008 | Comments Off on Free Speech

Last year was a very big year for freedom of speech in the Roberts Court—or more precisely, it was a big year with respect to some kinds of speech cases but not others. To tell you about freedom of...

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Criminal Justice

Tuesday, March 4, 2008 | Comments Off on Criminal Justice

When asked to talk for fifteen minutes about the criminal law and criminal procedure cases of the Roberts Court, I was a bit daunted because, of course, that is an umbrella that includes a lot of really meaty topics:...

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Standing Still – Did the Roberts Court Narrow, but Not Overrule, Flast to Allow Time to Re-think Establishment Clause Jurisprudence?

Monday, March 3, 2008 | Comments Off on Standing Still – Did the Roberts Court Narrow, but Not Overrule, Flast to Allow Time to Re-think Establishment Clause Jurisprudence?

The Roberts Court has yet to take up the confusion that inhabits religion-clause jurisprudence. The primary case to be discussed here comes at the subject matter indirectly, but importantly, through the issue of standing. With one notable exception, taxpayers-for...

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The Roberts Court & Executive Power

Sunday, March 2, 2008 | Comments Off on The Roberts Court & Executive Power

I am delighted to be here at Pepperdine where I know that all of my questions about the mystery of the Roberts Court will be answered. Dean Kmiec, in his kind introduction, said this is a Court of nine...

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The Alito/O’Connor Switch

Saturday, March 1, 2008 | Comments Off on The Alito/O’Connor Switch

There are many factors that define the current Roberts Court, not the least of which is the dominant personality and determined approach of the Chief Justice himself. But a close second, or even arguably the leading determinant of the...

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A Multitude of Sins? Constitutional Standards for Legal Resolution of Church Property Disputes in a Time of Escalating Intradenominational Strife

Saturday, January 5, 2008 | Comments Off on A Multitude of Sins? Constitutional Standards for Legal Resolution of Church Property Disputes in a Time of Escalating Intradenominational Strife

“‘This body willfully confirming the election of a person sexually active outside of holy matrimony has departed from the historic faith and order of the Church of Jesus Christ’ . . . . has ‘divided itself from...

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